San Jose, CA asked in Landlord - Tenant for California

Q: 3 day notice does not include city ordinance clause. Trial date coming up

I served a three day notice, tenant ignored and almost three months later we have the trial date coming up. The mediator said the notice is incorrect and I would lose the case. Can I serve him again before trial, is it very likely the case will be dismissed because of it?

Related Topics:
1 Lawyer Answer
Steven McNicholl
Steven McNicholl
  • Licensed in California

A: In order to properly evict a tenant, typically the three day notice must be properly served prior to pursuing the unlawful detainer. If notice was indeed improper than it will be a defense for the tenant. The case will not be automatically dismissed but it would be an issue at trial.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.